Prior to the drafting of the petition for a dissolution of marriage by mutual consent, some general key points to note are:-
1. Obtain copies of the husband and wife’s MyKad;
2. Obtain a copy of the marriage certificate;
3. Ensure that the marriage is more than 2 years;
4. If there are children or child from the marriage (below the age of 18), obtain a copy of the birth certificates or MyKid card or MyKad; and
5. Ascertain the wishes of the husband and wife on whether they truly want to have their marriage dissolved, the manner of how assets are to be shared, the custody of the children (if any) and whether maintenance is to be paid.
Once the above are done:-
1. Draft, sign and file the Petition in accordance with Form 3 (Law Reform (Marriage and Divorce) Act 1976);
2. Draft, affirm and file the affidavit(s) in support of the Petition;
3. Prepare, sign and file the notice of appointment of solicitors; and
4. If there are children or child from the marriage, draft, sign and file the statement as to arrangements for children.
Written by Choo Dee Wei, Edited by Louis Liaw.